Current through Register Vol. 54, No. 39, September 28, 2024
Rule 5102 - Custody of Exhibits. General Provisions(a)During Court Proceedings. By local rule, either a member of court staff or the proponent may be designated as the custodian during a court proceeding. The custodian shall secure and maintain all exhibits during a court proceeding, including breaks and recesses, unless otherwise provided in Pa.R.J.A. 5103(c)-(d).(b)After Court Proceedings. By local rule, either a member of court staff or the proponent may be designated as the custodian after court proceedings have concluded. (1)Custodian. The custodian shall:(i) retain or take custody of all documentary exhibits, photographs, and photographs of non-documentary exhibits accepted or rejected during the court proceeding;(ii) file all documentary exhibits, photographs, and photographs of non-documentary exhibits with the records office within five business days of the conclusion of the court proceeding unless otherwise directed by the court; and(iii) secure and maintain all other non-documentary exhibits as:(A) directed by the court; or(B) agreed to by the parties.(2)Index of Exhibits. The custodian filing the exhibits with the records office shall include a numbered list of exhibits, and for each exhibit identify the proponent, whether the exhibit was admitted or rejected from evidence, and a textual description or identification of the exhibit.(3)Confirmation. If the exhibits are transferred from a court staff-custodian to a proponent-custodian pursuant to local rule, the court staff-custodian shall confirm that the proponent-custodian has complied with subdivision (b)(1)(ii).(4)Relief. If the custodian does not file the exhibits as required by subdivision (b)(1)(ii), the proponent, if not designated as the custodian or in possession of the exhibits by local rule, may seek appropriate relief with the court.Adopted by Pennsylvania Bulletin, Vol 53, No. 38. September 23, 2023, effective 1/1/2024